Informacja

End-User License Agreement

Please read and accept this Licensing Agreement before installing and using the software. If you are an individual, you must be of legal age or have parental consent. If you are acting on a behalf of a company, you must have full powers of attorney to enter into this agreement in the company’s name. By clicking on the “Next” (or equivalent) button below, you will be expressing your acceptance of this agreement.

Sevas-S, a Ukranian company whose registered office is in Kiev (Ukraine), on Kikvidze 15 (hereinafter, Company), grants its users a free non-exclusive and non-transferable license (hereinafter, the License) to use the software named Joy Downloader.

1. Purpose and technical context

Joy Downloader is an executable Windows program that enables you to download computer programs.

You implicitly accept the terms and conditions herein, and that you know about Joy Downloader - when you run Joy Downloader. Company reserves the right from time to time to update and amend this Software License.

In addition, if a sponsored software offer, like for example a toolbar, will be offered, it shall change the User’s home page, default search settings and 404-error traffic, in the event the User selects such options. The Joy Downloader launches the installation of the downloaded software products.

The Joy Downloader is not installed to the User’s computer, and the User must manually delete the Joy Downloader executable.

2. Copyright

Company is the sole owner of the Joy Downloader copyright.

Company is the sole owner of the Joy Downloader trade name, copyright and distribution rights. The copyright includes the 'look and feel' of the Joy Downloader software. This agreement is a license to use Joy Downloader and does not imply a transfer of ownership of the rights thereto.

You may not change, reverse engineer, disassemble or decompile Joy Downloader.

A breach of any of the terms and conditions of this License shall be considered as a breach of this Agreement.

3. Warranties and liabilities

You shall use Joy Downloader according to the terms and conditions herein. Company shall not be liable for  any damages arising from your use of Joy Downloader in a manner contrary to this Software License.

Except for the statutory liabilities set forth in consumer legislation, you exonerate Company from any liability arising from an improper execution of Joy Downloader or the malfunction of Joy Downloader arising from the manner in which you ran the software. The said exoneration from liability shall extend to Company’s employees and management.

Company states that this license to use Joy Downloader does not infringe any previous agreement or current legislation.

Company warrants that Joy Downloader is not Spyware or Adware. Company also warrants that Joy Downloader does not collect users’ personal data.

Company does not guarantee the availability, continuity and failure-proof functioning of Joy Downloader. Therefore, insofar as the law allows, this warranty does not include any damages arising from the lack of availability or discontinued functioning of Joy Downloader and any services enabled with it.

Company does not assume liability in the event of an unforeseeable circumstance or force majeure. Likewise, Company shall not be liable for any causes beyond reasonable control, such as viruses and interference by third parties.

You shall not hold Company liable for the intellectual property rights, distribution rights, integrity, quality and execution of the computer software downloaded with Joy Downloader.

You state that you are aware that Company may not have a relationship of any nature with the owners of the computer programs you download. You shall not hold Company liable for any claims against you for your use or possession of the products downloaded with Joy Downloader, including, but not limited to claims for libel, violations of publicity or data protection rights, intellectual property rights, trademark rights, and any other claim or complaint with regard to the content, quality and functioning of the said software.

4. Term

The term of this Agreement commences with your acceptance hereof. Company shall have the right to restrict, suspend or terminate this Agreement at its own discretion, either in full or in part, at any moment and for any reason, with no prior warning or liability.

This Agreement and, therefore, the License, shall terminate the moment you incur in a breach of the terms and conditions herein. You must delete any copies of Joy Downloader in your possession at the time when this Agreement ends.

5. Use of tracking assets

Company uses cookies and IP tracking. Company’s software and the Company’s site's traffic analyzer use cookies and IP trackers to collect data for statistical purposes, including: date of first visit, number of visits, date of last visit, URL and domain, browser and screen resolution.

Advertising on Company’s sites includes Google AdSense, a system that uses "cookies" to display publicity content that relates to the pages viewed by the User.

The User is free to de-activate and/or eliminate cookies by following their Internet browser instructions.

Privacy policies:

Google Analytics: http://www.google.com/intl/en_ALL/privacypolicy.html

Google Privacy: http://www.google.com/policies/privacy/

Company does not spam and only handles data provided by the Users through electronic forms found on the Website or via email messages.

Company tracks Pseudonymous Information such:

as your User ID, which is a unique ID code that is generated the first time you execute the Joy Downloader;

File ID, which is the program the user wants to download;

The URL of the web page which you arrived from

Joy Downloader Version, API Version;

A hash based on the IP address

for the purpose of verifying the correct execution of the software and to analyze any errors that occurred. This information is stored on servers controlled by Company only for statistical purposes.

 

6. Applicable law and jurisdiction

This Software License and the execution of Joy Downloader shall be governed in full by the laws of Ukraine. For any controversies arising from this Software License or the execution of Joy Downloader, the parties submit to the jurisdiction of the courts and tribunals of the city of Kiev.

 

 

OpenCandy End User License Agreement (EULA)

Date of last revision: March 7, 2012

PLEASE READ THESE TERMS BEFORE PROCEEDING WITH THE INSTALLATION OF THE SOFTWARE. BY AGREEING TO THESE TERMS YOU ARE GRANTING US PERMISSION TO PROVIDE RECOMMENDATIONS OF THIRD PARTY SOFTWARE IN ACCORDANCE WITH THE FOLLOWING TERMS AND THE TERMS OF OUR PRIVACY POLICY.

1. What We Do

The developer of the software ("Software") you are installing has chosen to use the OpenCandy Network ("We") to provide recommendations of other third party software. All third party software participating in the OpenCandy Network must adhere to strict policies that ensure only compliant software is recommended. In the event an OpenCandy recommendation is shown, the recommendations will only occur once during the installation of the Software.

2. How Our Recommendations Work

As part of the installation process, a temporary file transmits anonymous, non-personally identifiable information about your computer system in order to help us determine what third party software would be appropriate to recommend. If a recommendation is shown and you choose to install such recommended third party software, then the third party software will be downloaded and installed. If a recommendation is not shown, or you choose not to install such recommended third party software, then no third party software will be downloaded or installed.

Reasonable efforts are made to ensure any temporary files created are automatically removed after the installation process is completed, regardless of whether a recommendation is made, and regardless of whether you choose to install any software. Please note, however, that some files may not be able to remove themselves until the next system restart.

3. Recommended Third Party Software

You are NEVER required to install any recommended third party software, and you will not be required to install any third party software as a condition to install the Software. We will never install any third party software without your express consent. Recommended third party software is also subject to its own separate license agreement(s).

4. How We Use Your Data

We are strong advocates for consumer privacy, and we do NOT collect or store any personally identifiable information. Any information transmitted to our servers is anonymous and may be stored in the aggregate to help us improve our services. All information is collected and used in accordance with our Privacy Policy, available at: http://www.opencandy.com/privacy-policy.

5. DISCLAIMER; LIMITATION OF LIABILITY

WE PROVIDE ALL RECOMMENDATIONS OR THIRD PARTY SOFTWARE "AS IS," "WITH ALL FAULTS," AND WITHOUT ANY WARRANTY WHATSOEVER, AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES IN CONNECTION WITH ANY RECOMMENDATION OR THIRD PARTY SOFTWARE.

6. Miscellaneous

These Terms are governed by and interpreted, construed and enforced in accordance with the laws of the State of California, United States of America, without respect to its choice of law provisions. Any action is subject to the exclusive jurisdiction of the state or federal courts in California, and you irrevocably submit to the personal jurisdiction in such courts.

7. Third Party Software Uninstallation

We ensure that all OpenCandy recommended third party software which may be installed allows for simple uninstallation without harming your computer, and without leaving files or applications behind.

If you have any feedback or questions, please email us at: license@opencandy.com.